HomeMy WebLinkAboutMartens Heating-Senior Center
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CONSTRUCTION CONTRA CT
THIS AGREEMENT, made on the M day of September, 2004, by and between
the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and
MARTENS HEATING AND COOLING, PO Box 106, Waukau, WI 54980, party of the
second part, hereinafter referred to as the CONTRACTOR,
WITNESSETH:
That the City and the Contractor, for the consideration hereinafter named, agree as
follows:
ARTICLE I. SCOPE OF WORK
The Contractor hereby agrees to furnish all of the materials and all of the equipment
and labor necessary, and to perform all of the work shown on the plans and described in
the specifications for the project entitled or described as follows:
Base Bid #2: Mechanical work at the Oshkosh Seniors Center & Annex building
Alternate Bid #2: Supplemental base board electrical heat at the Oshkosh Seniors Center
Alternate Bid #3: High efficient replacement rooftop unit at the Annex building
pursuant to Resolution 04-316 adopted by the Common Council of the City of Oshkosh on
the 15th day of September, 2004
all in accordance and in strict compliance with the Contractor's proposal and the other
contract documents referred to in ARTICLE V of this contract.
ARTICLE II.
TIME OF COMPLETION
The work to be performed under this contract shall be commenced and the work
completed within the time limits specified in the General Conditions and/or Contractor's
proposal.
ARTICLE III.
PAYMENT
(a) The Contract Sum.
The City shall pay to the Contractor for the performance of the contract the sum of
$40,359.00, adjusted by any changes as provided in the General. Conditions, or any
changes hereafter mutually agreed upon in writing by the parties hereto, provided,
however, in the event the proposal and contract documents are on a "Unit Price" basis, the
above mentioned figure is an estimated figure, and the City shall, in such cases, pay to
the Contractor for the performance of the contract the amounts determined for the total
number of each of the units of work as set forth in the Contractor's proposal; the number
of units therein contained is approximate only, and the final payment shall be made for the
actual number of units that are incorporated in or made necessary by the work covered
by the contract.
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(b) Progress Payments.
In the event the time necessary to complete this Contract is such that progress payments
are required, they shall be made according to the provisions set forth in the General
Conditions.
ARTICLE IV.
CONTRACTOR TO HOLD CITY HARMLESS
The Contractor covenants and agrees to protect and hold the City of Oshkosh
harmless against all actions, claims and demands of any kind or character whatsoever
which may in any way be caused by or result from the intentional or negligent acts of the
Contractor, his agents or assigns, his employees or his subcontractors related however
remotely to the performance of this Contract or be caused or result from any violation of
any law or administrative regulation, and shall indemnify or refund to the City all sums
including court costs, attorney fees and punitive damages which the City may be obliged
or adjudged to pay on any such claims or demands within thirty (30) days of the date of the
City's written demand for indemnification or refund.
ARTICLE V.
COMPONENT PARTS OF THE CONTRACT
This contract consists of the following component parts, all of which are as fully a
part of this contract as if herein set out verbatim, or if not attached, as if hereto attached:
1. General Conditions
2. Advertisement for Bids
3. Instructions to Bidders
4. Specifications, including any addenda
5. Plans
6. Contractor's Proposal
7. This Instrument
I n the event that any provision in any of the above component parts of this contract
conflicts with any provision in any other of the component parts, the provision in the
component part first enumerated above shall govern over any other component part which
follows it numerically except as may be otherwise specifically stated.
IT IS HEREBY DECLARED, UNDERSTOOD AND AGREED that the word
"Contractor" wherever used in this contract means the party of the second part and
its/his/their legal representatives, successors and assigns.
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If
IN WITNESS WHEREOF, the City of Oshkosh, Wisconsin, has caused this contract
to be sealed with its corporate seal and to be subscribed to by its City Manager and City
Clerk and countersigned by the Comptroller of said City, and the party of the second part
hereunto set its, his or their hand and seal the day and year first above written.
In the Presence of:
(Seal of Contractor
if a Corporation.)
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. (Witness)
APPROVED:
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('rjJJP ¡':ity Attorney
CONTRACTOR
MARTENS HEATING & COOLING
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(Specify Title)
By:
I hereby certify that the necessary provisions
have been made to pay the liability which will
accrue under this contract.
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City Comptroller
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